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• The Proposed Check Creates New Duties • Seasonal Credit Is Available Should Ignore the • Calendar/Events
SPRING 2002
Reserve so that they may gain was created when customers you have questions regarding the
additional daylight overdraft previously used ECP. Payments System Risk Policy,
www.stls.frb.org
capacity in excess of their net The press release that contact Hillary Debenport at
debit caps; 2) Starting April announced the policy revision (314) 444-8488 or 1-800-333-
2002, the posting time of is available under the “Press 0810, ext. 44-8488.
Fed itorial
Economic Forecasts:
Is It Possible to Predict the Future?
By William Poole, president and CEO, Federal Reserve Bank of St. Louis
and returning these checks. current law. proposed law—visit the Federal
On Dec. 17, 2001, Federal At this time, the proposed act has Reserve’s Board of Governor’s
www.stls.frb.org
Reserve Chairman Alan Greenspan not been introduced to Congress. web site:www.federalreserve.gov/
forwarded a legislative proposal If enacted, the act would enable paymentsystems/truncation/
to senator Paul S. Sarbanes, the banks to expand their use of default.htm.
chairman of the Committee on electronic methods in collecting
The USA Patriot Act Creates New Duties
T he USA Patriot Act was enacted some six weeks after the tragic Expanded Protection: If the government receives a voluntary report of a
terrorist attacks of Sept. 11. The Patriot Act places new or expanded potential violation of the Bank Secrecy Act, financial institutions will be given
responsibilities on financial institutions, especially those doing business expanded protection from civil liability to their customers. Additionally, an
with foreign financial institutions. One purpose of the act is to “prevent, insured institution is protected, theoretically, if in good faith it discloses facts
detect, and prosecute international money laundering and the financing of related to a Bank Secrecy Act violation in a written employment reference
terrorism.” The intent is to foster greater cooperation among the banking requested by another insured financial institution.
industry, regulators and law enforcement agencies.
The Patriot Act’s definition of financial institutions is broad. It includes Acquisitions and Mergers: One new statutory requirement is that the
securities and commodities dealers and brokers, money transmitters, loan primary federal regulator, when acting on an application to acquire or merge
and finance companies, and real estate settlement companies. Some of banks under the Bank Holding Company Act (BHCA) or the Federal Deposit
the act’s provisions apply to all financial institutions, while others are more Insurance Act (FDIA), is required to take into consideration a company’s
limited in scope. Regardless, all financial institutions should anticipate effectiveness in combating money laundering.
extensive rulemaking. Note: Some provisions will take effect on a given
Increased Penalties: A separate section increases civil and criminal penalties
date even if no rules have been issued.
for certain money-laundering violations to at least twice the amount of the
transaction, up to a limit of $1 million.
Is This “Know Your Customer” Revisited?
Not necessarily. “Know Your Customer” was far more reaching because How Will This Affect International Money Laundering?
it would have required financial institutions to verify their customers’
Effective Dec. 25, 2001, U.S. financial institutions cannot have
identities and document specific details about their customers’ businesses.
correspondent accounts for foreign shell banks. The Treasury’s
With the new Patriot Act, the secretary of the Treasury is required only to
implementing rules (published Dec. 28, 2001) define correspondent
establish minimum documentation standards. Financial institutions must
accounts very broadly to include every imaginable kind of account. The
verify their customers’ identities, maintain records and consult government
provision applies to securities brokers as well as to depository institutions.
lists of terrorists and terrorist organizations. Those regulations are
The Treasury is particularly interested in industry comments on its
required to be in place by Oct. 26, 2002.
definition of these accounts.
Every U.S. financial institution that has correspondent accounts or private
The Bank Secrecy Act Amendments and General Provisions
banking accounts maintained in the United States for non-U.S. customers
The Bank Secrecy Act is the core of U.S. money-laundering efforts. must establish special due diligence procedures for opening and maintaining
While its anti-laundering requirements are not new for banks, they may foreign accounts, and for detecting and reporting money laundering.
be new to other financial institutions. Minimum standards also are set for enhanced due diligence on the
correspondent accounts of foreign banks operating under an offshore banking
Establish Programs: Because the Patriot Act mandates that all financial license or under a license issued by a country designated as “non-cooperative
institutions establish anti-money laundering programs, some bank holding with international money laundering principles.” These standards become
companies will need to export their bank secrecy programs to their effective this July, even if the implementing regulations have not been issued.
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subsidiaries. These programs must include formal policies and procedures, The Patriot Act also includes a number of other provisions designed to
appointment of a compliance officer, ongoing employee training and prevent terrorist organizations from using the U.S. financial system without
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independent audits. After consulting with appropriate regulators, the Treasury detection or punishment. While many of the financial institutions that the
secretary may set minimum standards for the programs and exempt certain Federal Reserve supervises have robust compliance programs, the recent
institutions. The section’s provisions will become effective this April. tragedy illustrates the importance of due diligence.
RegionalRoundup Seasonal Credit
Is Available for
Louisville Gears Up portion of a three-year term at Community Banks
for Check Standardization the Louisville Branch board.
• Tom A. Wright, chairman,
In April, Louisville will be the
first office in the Eighth District
president and CEO of Enterprise
National Bank in Memphis,
T he Federal Reserve offers
seasonal credit to qualifying
community banks to help them
to move to Check Standardiza- Tenn., appointed to fill the meet their local customers’
tion, a project that will convert unexpired portion of a three- seasonal needs. Community
check processing platforms at year term at the Memphis banks that experience yearly
each of the Federal Reserve’s Branch board. fluctuations in their deposits and
45 sites to a standard, centrally loans—caused by construction
managed platform. Conversions or farming operations, college
at the three remaining District or resort activities, municipal
offices will occur throughout the financing and other types of
spring and summer. seasonal business—frequently
Check Standardization is a can qualify.
Federal Reserve infrastructure OUT FOR To qualify, a financial
change that will be largely
transparent to financial
COMMENT institution must:
• be under $500 million in
institutions. However, bankers deposits and in sound financial
will notice a few changes— The following is a Federal Reserve condition,
primarily on some printed System proposal currently out • meet the general requirements
outputs—after their local Fed for comment: for the program, and
office converts. • complete a brief application
For a sneak preview of some On Jan. 23, the Federal Reserve that includes monthly deposit
post-conversion changes, visit System’s Board of Governors and loan data.
www.stls.frb.org/banking/ approved regulatory changes There is no commitment fee
financial.html. Then select the intended to improve the quality or stock purchase required.
“Check Standardization” link. Likewise, banks do not need
and consistency of Home Mortgage
Disclosure Act (HMDA) data. The to be Federal Reserve members
amendments take effect for data to be eligible for the program.
Eighth District Announces Once approved, banks can
Changes to Boards of Directors collection beginning Jan.1, 2003.
use their credit lines as a
The Board is requesting public primary seasonal funding source
The Federal Reserve Bank comment on the proposal to set the or as a market-based rate on
of St. Louis has announced the thresholds for reporting the annual all outstanding loans that are
following new board members: percentage rate on first-lien and secured to our satisfaction.
• Lewis F. Mallory Jr., chairman subordinate-lien loans. The Board Credit may be drawn down
and CEO of National Bank of also seeks comment on requiring incrementally, as needed, and
Commerce in Starkville, Miss., partial and full prepayments are
lenders to ask telephone applicants
elected to a three-year term at allowed without penalty.
the St. Louis board. their race, ethnicity and sex. Also
adopted were a number of clarifying The seasonal credit program
• David H. Brooks, chairman is a safe, sound, flexible and
and CEO of Stock Yards Bank and technical changes, in addition to
affordable way to meet a
& Trust Co., appointed to a reorganizing Regulation C to make it community’s peak seasonal
three-year term at the Louisville easier to use. funding requirements. If you
Branch board. Federal Register notices are located have any questions or would
• Cornelius A. Martin, at: www.federalreserve.gov/ like an application or program
president and CEO of Martin boarddocs/press/boardacts/2002 brochure, please contact anyone
Management Group in Bowling in the Credit Office. Those
Green, Ky., appointed to a Direct all comments to: Jennifer numbers are (314) 444-8316,
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three-year term at the Louisville Johnson, Secretary, Board of 444-8769 and 444-8622 or 1-
Branch board. Governors of the Federal Reserve 800-333-0810, extensions 44-
www.stls.frb.org
relative to a historical benchmark. Fed should ignore the stock market when making decisions
Taylor argued that such a rule would about monetary policy.
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